TRIAL;
EVIDENCE AND PRESUMPTIONS; DEPOSITIONS



 



[§806-60]  Jury of twelve required.  Any
defendant charged with a serious crime shall have the right to trial by a jury
of twelve members.  "Serious crime" means any crime for which the
defendant may be imprisoned for six months or more. [L 1979, c 89, §2]



 



Cross References



 



  See Const. Art. I, §14.



 



Rules of Court



 



  See HRPP rule 23(b).



 



Attorney General Opinions



 



  Proposed amendment to section did not require constitutional
amendment because jury comprised of six members in cases involving non-serious
crimes tracked language of §14 of article I of state constitution; however,
definition of "serious crimes" as exclusively crimes for which the
defendant faces possibility of imprisonment of at least six months, was
inconsistent with the principle that crimes that do not carry the possibility
of this specific term of imprisonment may nonetheless constitute "serious
crimes" which trigger constitutional right to jury trial.  Att. Gen. Op.
97-2.



 



Case Notes



 



  Discussed:  76 H. 360, 878 P.2d 699.